Bombay High Court plea seeks restoration of voters deleted during SIR in Maharashtra and challenges 14 ECI orders linked to CEC Gyanesh Kumar.

Introduction

A petition filed before the Kolhapur Bench of the Bombay High Court has sought the restoration of voters whose names were deleted from Maharashtra electoral rolls during the Special Intensive Revision (SIR) exercise. The plea also challenges 14 administrative orders of the Election Commission of India (ECI), including decisions allegedly taken during the tenure of Chief Election Commissioner Gyanesh Kumar.

The petition comes shortly after an investigation by The Indian Express reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised formal objections on at least 14 occasions over decisions and administrative processes within the poll panel during the preceding 10 months.

Petition Challenges 14 ECI Orders

Three Maharashtra residents have approached the Bombay High Court seeking the quashing of 14 administrative orders passed by the ECI and the CEC.

According to the petition, the disputed decisions concern several aspects of electoral administration, including voter registration, deletion and restoration of names, electoral-roll databases, the functioning of Electoral Registration Officers (EROs), and software-related processes.

The petitioners have alleged that the manner in which some of these decisions were taken raises questions about compliance with the statutory framework governing the Election Commission.

The Indian Express reported that the two Election Commissioners had objected to decisions involving voter registration and deletions, restoration of names and control over electoral-roll systems. Their objections were also copied to CEC Gyanesh Kumar.

Plea Seeks Restoration of Deleted Voters

A key demand in the petition is the restoration of every voter whose name was deleted from Maharashtra's electoral rolls during the SIR process.

The petitioners have also sought a stay on the SIR exercise in Maharashtra until the legal issues raised before the court are addressed.

The broader SIR exercise has affected electoral rolls across multiple states and Union Territories. The Indian Express reported that the national rollout had resulted in more than 13 crore names being struck off draft voter rolls across 30 States and Union Territories.

The deletion of names during electoral-roll revisions has also been the subject of litigation and scrutiny in other states. In West Bengal, for example, the Supreme Court had intervened in the final phase of the SIR process and directed judicial mechanisms to examine cases involving voters flagged for discrepancies.

Dispute Over Election Commission's Internal Functioning

The petition relies partly on concerns raised internally by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.

According to The Indian Express investigation, the two Commissioners formally objected at least 14 times over a period of 10 months to decisions and orders that they said were taken without their knowledge. Their concerns reportedly covered voter registration, deletion and restoration of names, appeals involving electoral rolls and access to the voter database.

The report also highlighted objections concerning changes to Form 6, the application used for new voter registration. According to the investigation, a question linked to the previous SIR electoral roll was added to the form in July 2026. The report said Joshi had earlier raised concerns that such a change could not be made without an amendment to the applicable rules, while Sandhu later described the change as unauthorised and illegal.

The Election Commission, in its first response to the investigation, did not dispute the existence, dates or contents of the 14 notes but described them as "suggestions" and maintained that decisions during the period were unanimous.

Section 18 of the 2023 Election Commission Law

The petitioners have referred to Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

The provision states that the business of the Commission should, as far as possible, be transacted unanimously. Where the CEC and Election Commissioners differ on a matter, the issue is decided according to the majority view.

The internal objections reported by The Indian Express have brought this statutory framework into focus. The investigation reported that both Sandhu and Joshi had reminded officials that communications issued in the name of the ECI required approval consistent with the 2023 law and Article 324 of the Constitution.

The Bombay High Court petition argues that the disputed decisions did not comply with these requirements. These are allegations made by the petitioners and remain subject to judicial examination.

Challenge to SIR and Electoral Database Processes

The petition also raises concerns about the use and management of electoral-roll software during the SIR process.

The Indian Express investigation separately reported that Sandhu and Joshi had questioned the increasing centralisation of electoral-roll data and the access of ground-level Electoral Registration Officers to the database. The Commissioners also raised concerns regarding the integrity and administration of the software infrastructure used for electoral rolls.

In another report, The Indian Express said that concerns about centralised access had surfaced in Goa, where officials reported difficulties concerning voters whose eligibility had been examined by local Electoral Registration Officers.

The Maharashtra petition seeks judicial scrutiny of similar issues in the context of the state's SIR exercise.

Plea Seeks Postponement of Assembly Elections

The petitioners have also sought directions to postpone upcoming State Assembly elections in states where the SIR exercise was conducted.

According to the plea, elections should be deferred until fresh electoral rolls are prepared and approved in accordance with the law.

The petition argues that elections conducted using rolls that allegedly contain disputed deletions could affect the voting rights of eligible citizens. Whether such relief can be granted will depend on the Bombay High Court's consideration of the legal and factual issues raised in the petition.

Demand for Independent Judicial Committee

Another significant request is the formation of an independent judicial committee headed by a retired High Court judge.

The proposed committee would investigate alleged data deletions and software blockages connected with the recent SIR process.

The petitioners have argued that an independent inquiry is necessary to examine how voter data was handled, how names were deleted or restored, and whether software-related restrictions affected statutory electoral authorities.

Key Highlights

• A petition has been filed before the Kolhapur Bench of the Bombay High Court.
• The plea seeks restoration of voters allegedly deleted during Maharashtra's SIR exercise.
• Petitioners have challenged 14 administrative orders of the Election Commission.
• The petition raises allegations concerning decisions attributed to the ECI and CEC Gyanesh Kumar.
• Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi reportedly recorded at least 14 objections over 10 months.
• The objections covered voter registration, deletion and restoration of names, electoral-roll databases and software-related processes.
• The petition challenges changes made to Form 6 for new voter registration.
• Petitioners have sought a stay on the SIR process in Maharashtra.
• The plea seeks postponement of Assembly elections in states where SIR was conducted until legally compliant rolls are approved.
• An independent judicial committee headed by a retired High Court judge has also been sought.
• The Election Commission has maintained that its decisions during the period were unanimous, according to its response reported by The Indian Express.

Professional Disclaimer & Third-Party Reference

This article is based on information contained in the petition as described in the provided material and on publicly reported information from third-party news sources, including The Indian Express. The allegations and legal claims attributed to the petitioners have not been treated as established facts. The final determination of the issues raised will depend on proceedings and orders of the Bombay High Court and any subsequent judicial forums. Readers should refer to official court records and Election Commission communications for authoritative updates.

Conclusion

The Bombay High Court petition places the Maharashtra SIR exercise, voter deletions, electoral-roll management and the functioning of the Election Commission under judicial scrutiny. The petitioners have sought restoration of deleted voters, cancellation of 14 administrative orders, an independent inquiry and postponement of elections in states affected by SIR until fresh electoral rolls are approved. The Bombay High Court's proceedings and any interim or final orders will determine how these requests are addressed.